Court-Martial Trial Practice

Professor Colin Miller summarizes the progress of a reporter’s privilege in the 36th –40th states which now have one. West VA became the 40th a few days ago.

Outside the Wire reports: Was a brigade commander an instigator or just asleep at the switch while the 5th Stryker Brigade, 2nd Infantry Division, “kill team” was allegedly murdering civilians? An Army investigation finds no “causal relationship” between Col. Harry D. Tunnell IV’s aggressive leadership and the killings, but it criticizes Tunnell for neglectfulness that…

Stars & Stripes reports: The Spangdahlem airman behind the wheel of the car that crashed last July, killing two other airmen, goes to court Monday to face manslaughter and negligent homicide charges, an Air Force spokeswoman said Friday. Bryan County News reports some of the voir dire in Bozicvich. It looks like they started out…

What happens to the client after NJP and administrative discharge. In Buckingham v. Secretary of the Navy, ENS Buckingham sought reinstatement in the naval service and cancellation of recoupment for his ROTC education. ENS Buckingham shop-lifted from the NEX and was caught. His CO imposed a LOR at NJP. Subsequently the CO asked NMPC not…

Here is a link to a clemency letter forwarded by CDR Kerchner to MAJ Kemkes. It has been published by him on obamareleaseyourrecords.com. He has also posted this on thepostemail, under the title “Obama Unfit for Command.”

ACCA has published United States v. Conrady. This case continues the appellate look at how prosecutors may, if at all, use possession of child pornography as Mil. R. 414 evidence. The issue of note from the opinion is: THE MILITARY JUDGE ABUSED HIS DISCRETION IN ADMITTING AN IMAGE OF CHILD PORNOGRAPHY AS MILITARY RULE OF…

Navy Times reports: A Navy petty officer who was investigated for violating the military’s ban on openly gay service members says a review board at his California base has voted against his discharge.

Opinio Juris reports on USACIL. They begin: On paper, courts-martial are far more fair than military commissions — the substantive law they apply is superior, and their rules of evidence and procedure are designed to protect defendants, not ensure convictions. But then here is the kicker: The McClatchy article indicates that Mills joined the Criminal…

A piece of such humor came over my electronic transom today. I am a Military Defense Paralegal in the United States Air Force stationed at xxx. I am currently doing some research for my leadership at the AF Trial Defense Western/Pacific Region. We are collecting data to articulate the value of our services to our…

Army Times reports: Four members of the Army Criminal Investigation Command at Fort Bragg have been suspended for the duration of an FBI probe. Army CID spokesman Christopher Grey confirmed the suspensions Thursday. The four were attached to the division’s drug investigation unit. The Fay Observer notes: The investigation was prompted by allegations that four…